| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D036480
|
In re Jensen
Defendant's prior juvenile adjudication doesn't qualify as strike because he wasn't adjudged ward of juvenile court for offense listed in statute. |
Criminal Law and Procedure |
|
Jan. 7, 2002 | |
|
00CA2163
|
In the Interest of K.M.T., a child
Father may deduct total child support obligation for other child for purposes of calculating gross income. |
Family Law |
|
Jan. 7, 2002 | |
|
E029271
|
People v. Tafoya
Defendant who removed battery from cordless phone during argument is guilty of injuring or obstructing telephone line. |
Criminal Law and Procedure |
|
Jan. 7, 2002 | |
|
C036539
|
People v. Young
Defendant found with bags of marijuana in car is guilty of drug transportation despite defense of medical necessity. |
Criminal Law and Procedure |
|
Jan. 7, 2002 | |
|
00CA0964
|
Borjas v. State Farm Mutual Automobile Insurance Co.
Motorist may recover uninsured motorist damages even though other driver was immune from liability. |
Torts |
|
Jan. 7, 2002 | |
|
00CA0946
|
Marriage of Heil
Guardian ad litem entitled to fees in dissolution case after death of wife. |
Family Law |
|
Jan. 7, 2002 | |
|
H019424
|
In re Marriage of Cheriton
Post-dissolution stock proceeds constitute income for the purpose of calculating child support to reflect parent's 'standard of living.' |
Family Law |
|
Jan. 7, 2002 | |
|
B141637
|
Meraz v. Farmers Insurance Exchange
Injury sustained in unregistered, non-operating van is covered by insurance policy despite exclusion for motor vehicle injuries. |
Insurance |
|
Jan. 7, 2002 | |
|
A089052
|
Price v. Dames & Moore
Court is required to grant plaintiff leave to file amended complaint and proper certificate if there is reasonable possibility of curing defect. |
Civil Procedure |
|
Jan. 7, 2002 | |
|
B150877
|
Baramas v. Superior Court (Galasso)
Trial court has authority to order partial retrial to determine issue of malice and punitive damages. |
Civil Procedure |
|
Jan. 7, 2002 | |
|
B147481
|
Consumer Cause Inc. v. Weider Nutrition Int'l Inc.
Insufficient pleading exists where consumer products inducing testosterone production do not qualify as 'exposure' to cancer causing agents under act. |
Civil Procedure |
|
Jan. 7, 2002 | |
|
D037075
|
In re Leticia S.
Adult whose drug abuse caused child to become dependent of court cannot apply for de facto parent status. |
Family Law |
|
Jan. 7, 2002 | |
|
B150183
|
State Compensation Insurance Fund v. Superior Court (People)
|
|
Jan. 7, 2002 | ||
|
B138734
|
Hellinger v. Farmers Insurance Exchange
|
|
Jan. 7, 2002 | ||
|
S011425
|
People v. Seaton
|
|
Jan. 7, 2002 | ||
|
S016718
|
People v. Catlin
|
|
Jan. 7, 2002 | ||
|
C034072
|
People v. Andreotti
|
|
Jan. 7, 2002 | ||
|
G026162
|
Turner v. State Farm Fire and Casualty Co.
Insurer did not have duty to defend insureds in defamation action where there was no potential for coverage. |
Insurance |
|
Jan. 7, 2002 | |
|
A087171
|
Schiff v. Prados
Physician is not required to disclose antineoplastons treatment for child with cancer where treatment was illegal under California law. |
Torts |
|
Jan. 7, 2002 | |
|
B135121
|
Gunnell v. Metrocolor Laboratories Inc.
Employee injured after employer deliberately exposed him to hazardous chemicals is limited to workers' compensation benefits. |
Employment Law |
|
Jan. 7, 2002 | |
|
F034825
|
Mastro v. Petrick
Under doctrine of primary assumption of the risk, snowboarder owes no duty of care to skier on same slope. |
Torts |
|
Jan. 7, 2002 | |
|
01SA70
|
People v. Ortega
Defendant did not have expectation of privacy in claim tag attached to suitcase and officer's removal of it wasn't seizure. |
Criminal Law and Procedure |
|
Jan. 7, 2002 | |
|
E029624
|
People v. Valenzuela
Misdemeanor possession of master key with intent to commit unlawful act has no knowledge element. |
Criminal Law and Procedure |
|
Jan. 7, 2002 | |
|
F022835
|
People v. Harrison
Vexatious litigant statutes apply to civil cases and are not intended to prevent defendants in criminal cases from filing pro se motions. |
Criminal Law and Procedure |
|
Jan. 7, 2002 | |
|
A090825
|
Nash v. MacDonald
Manifestation of real property defect qualifies as latent defect if cause could not have been discovered by laypersons. |
Civil Procedure |
|
Jan. 7, 2002 | |
|
F035671
|
Shannon v. Rhodes
Primary assumption of risk doctrine doesn't apply to bar passenger's negligence claim where driver takes passengers out for simple ride around lake. |
Torts |
|
Jan. 7, 2002 | |
|
A090429
|
Thayer v. Wells Fargo Bank
Attorney who spent unreasonable amount of time on straightforward case should have fees award reduced. |
Attorneys |
|
Jan. 7, 2002 | |
|
B145688
|
Martin v. World Savings & Loan Assn.
Agreement to name lender as loss-payee for earthquake insurance claim is valid even if such insurance was not required. |
Insurance |
|
Jan. 7, 2002 | |
|
E028669
|
Stull v. Sparrow
When party doesn't present evidence on issue at trial, issue hasn't been proven so as to merit order granting costs and fees. |
Civil Procedure |
|
Jan. 7, 2002 | |
|
B147387
|
County of San Luis Obispo v. Workers' Compensation Appeals Board
Single inadvertently late payment of benefits does not justify penalty. |
Administrative Agencies |
|
Jan. 7, 2002 |